QUESTION

Is there is any possible way of lifting this life long sentence on the firearms side?

Asked on Mar 14th, 2016 on Criminal Law - Utah
More details to this question:
I moved about 7 months ago. Before that, I lived in another state for about 2 years. Before that, I lived in another state for many, many years. My question is about firearms. About 6 years ago, I was 22 years old, I got a class F Felony burglary on my record. I think they're actually counting it as more than one, because I got party to a crime in a burglary. I wasn't even the one to do the actual burgling, but they charged me just the same. I should mention that I had never been into any kind of trouble before this. It was 100% nonviolent and nobody was even there. I was sentenced to 9 months in jail. I only had to serve 4 1/2 months in jail, and then the other 4 1/2 on house arrest. I was on work release for the whole time as well. I also got 4 year probation. So, I have been off probation for a couple years now. I've moved on since then. I got married, had kids. I'm turning 29 in July. I never thought I would care about not being able to vote, or own a firearm, but I was wrong. Now that I have kids, I just want to protect my kids and wife. I'm not sure why, but I just don't feel as safe as I used to. We plan on going camping in the mountains this summer, but when we hiked there last summer we just didn't feel safe. We live in an apartment with a lot of people around us all the time. There is some crime here. Our vehicles have been broken into a couple of times already, and there are some very shady people around this area. I just want to be able to protect my family in case anything very bad happened. I have never been a violent person and I have never been in trouble before or after the incident that is stopping me from owning protection. I'm willing to go through whatever steps I have to in order to make it happen. Can I do anything?
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1 ANSWER

Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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Part of the problem you have is that part of your restrictions result from federal law.. Even if you had been charged with a different offense that did not result in a ban directly, the feds could look not at the charge but the facts, and determine whether you were banned or not. The best thing to do would be to talk with a lawyer in the state where the felony occurred, and see if there is a way to get the charge reduced or expunged, and see if that will help. If that does not, we would have to look at the specific statutes, and see if there is another way to clear your record.
Answered on Apr 18th, 2016 at 5:06 PM

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